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Haryana District Mineral Foundation Trust Rules, 2016

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(i) "Act" means the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act No. 67 of 1957);

(ii) "Affected area" means the area specified in sub rule 1 of rule 21.

(iii) "Affected people" means the persons specified in sub rule 2 of rule 21.

(iv) "Auditors" Means the auditor / Chartered Accountant appointed by the trust and include the Principal Accountant General of the State;

(v) "Beneficiaries" means the area and persons affected by mining related operations undertaken in the area;

(vi) "Chairman" means the Chairman of the foundation.

(vii) "Contribution" means the Contribution collected or to be collected from the holders of major or minor mineral concessions in the district at such percentage of contract money/dead rent/royalty as may be prescribed by the Central or State Government, as the case may be;

(viii) "Deputy Commissioner" means the Deputy Commissioner of the district;

(ix) "Directly affected areas" means the areas specified in clause (a) of sub rule (1) of rule 21.

(x) "Foundation" means the District Mineral Foundation established by the State Government under sub-section (1) of section 9B;

(xi) "Fund" means fund of the foundation;

(xii) "Governing Council" means the council consisting of all the trustees of the District Mineral Foundation Trust;

(xiii) "Managing Committee" mean the trustees of the District Mineral Foundation Trust except the nominated non official members;

(xiv) "Government" means Government of Haryana acting through its Administrative Secretary;

(xv) "Holder of Mineral Concession" means the holder of the mining lease or mining contract or any mineral including minor mineral rights granted under the Act and Rules made thereunder;

(xvi) "Indirectly Affected areas" means the areas specified in clause (b) of sub-rule(1) of rule 21.

(xvii) "Rules" means the Haryana District Mineral Foundation Trust Rules, 2016.

(xviii) "Year" means a financial year commencing from April 1st and ending on March 31st of the following year or part period there of ending on March 31st; and

(xix) "Zila Parishad" means the Zila Parishad constituted under the Haryana Panchayati Raj Act, 1994 (Act No. 13 of 1994).

(a) Has been convicted and sentenced to imprisonment for an offence which in the opinion of the State Government involves moral turpitude;

(b) Is of unsound mind and stands so declared by a Competent Court;

(c) Is an undischarged insolvent;

(d) Has been removed or dismissed from service of the Central Government or a State Government or a body or corporation owned or controlled by the Central Government or a State Government;

(e) Has directly or indirectly by himself or as partner, has any private share or private interest in any work done by the order of the Foundation or in any contract or employment with or under or by or on behalf of the Foundation; or

(f) Is employed as a paid legal practitioner on behalf of the Foundation or accepts employment as legal practitioner against the Foundation: Provided that no person shall be disqualified under clause (e) or be deemed to have any share or interest in any contract or employment within the meaning of the said clause by reason only of his having a share or interest in any newspaper in which any advertisement relating to the affairs of the Foundation is inserted.

(a) He/she becomes subject to any of the disqualifications mentioned in rule 6:

(b) He/she refuses to act or become incapable of acting; or

(c) He/she without obtaining leave of absence from the Foundation, absents from three consecutive meetings of the Foundation; Provided that this clause shall not be applicable in case of ex-officio members; or

(d) In the opinion of the State Government he/she has so abused his position as to render his/her continuance in office detrimental to the public interest: Provided that no member shall be removed under this clause unless he/she has been given an opportunity of making his/her representation against the proposal.

(1) Laying down the broad policy framework for the functioning of foundation and review its working from time to time, subject to such directions and guidelines issued by the Government from time to time.

(2) Drawing up and approving of Annual Action Plan and the Annual Budget for Foundation. The annual Action Plan shall contain the list of schemes and projects with the tentative provisions thereof.

(3) Approving such other expenditure in furtherance of the objects of the Foundation from the available Fund in accordance with these rules.

(4) Approving the recommendations of the Management Committee.

(5) Approving the Annual Report and Audited Accounts of the Foundation preferably within 90 days but not exceeding 180 days of the close of the previous year.

(1) Exercise due diligence in carrying out its duties for protecting the interest and contribution of the Foundation.

(2) Ensure timely collection of Contribution Fund from the concerned holders of Mineral concession in accordance with the provisions of the Act and Rules made there under.

(3) Get the Master Plan or Vision Document for the activities of the Foundation prepared from the specialized agency.

(4) Assist in the preparation of the Annual Plan and Annual Budget of the Foundation along with the proposed schemes and projects.

(5) Supervise and ensure the execution of the Annual Plan and the approved Schemes and Projects.

(6) Accord Sanction to the projects, release and disburse the Foundation fund for the purpose subject to delegation limits.

(7) Operate the Foundation Fund through Accounts in the name of the Foundation in the Government Scheduled Nationalised Bank with prior approval of the Government.

(8) Monitor the progress of the utilization of the Fund of the Foundation.

(9) Place the audited accounts along with an Annual Report before the foundation for its approval within 90 days of close of financial year.

(10) Do all other things which are necessarily for smooth functioning and management of the Foundation.

(i) All grants, subventions, donations and gifts made by the Central Government, State Government, any local authority or anybody, whether incorporated or not or any person;

(ii) The amount borrowed by the Foundation with prior approval of the State Government;

(iii) All other sums received by or on behalf of the Foundation from any source whatsoever;

(iv) The Contribution collected or to be collected from the holders of major or minor mineral concessions in the district as per following;

(a) In case of major minerals, as prescribed in the Mines and Minerals (Contribution to District Mineral Foundation) Rules, 2015, as amended from time to time; and

(b) In case of minor minerals, one third of total amount received under Mines and Mineral Development and Regulation Fund established in accordance with Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012 shall be transferred for the purposes and objective of Fund

Note: As per provisions of Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012 the lessees and contractors are liable to pay additional amount equal to 10% of dead rent or royalty or contract money, towards the MMDRF and State Government to contribute the 5% of the amount received by it on account of the dead rent or royalty or contract money.

(v) Investments and other deposits and the interest accrued thereon and any other income derived therefrom; and

(vi) All other properties of the Foundation and the income derived therefrom or appreciation thereof.

(1) 20% of the fund of the District Mineral Foundation shall be kept aside as endowment for taking care of future expenses after mining activities have ended in the area.

(2) High priority areas:- Out of the balance after reserving 20% of the fund as per sub rule(1), at least 60% of the District Mineral Foundation fund shall be utilised for the following:-

(a) Drinking Water Supply- centralized purification systems, water treatment plants, permanent/temporary water distribution network including standalone facilities for drinking water, laying of piped water supply system.

(b) Centralized preservation and pollution control measures- effluent treatment plants, prevention of pollution of streams, lakes, ponds, ground water, other water sources in the region, measure for controlling noise, air and dust pollution caused by mining operations and dumps, mine drainage system, mine pollution prevention technologies, and measures for working or abandoned mines, restoration, reclamation and rehabilitation of mined out areas and other air, water and surface pollution control mechanisms required for environment-friendly and sustainable mine development.

(c) Health Care- Funds shall be utilised for welfare, improvement and protection of health conditions of local mine workers affected by mining operation related health hazards. Ex-gratia payment to the eligible patients/their legal heirs shall be made. Regular health check up camps shall be held. Group Insurance Scheme for health care shall be implemented for mining affected persons and for this purpose primary/secondary health care facilities in the affected areas and existing health care infrastructure of the local bodies, State and Central Government shall be updated.

(d) Education- Construction of school building, additional class rooms, Laboratories, Libraries, Art and Crafts Room, Toilet blocks, Residential hostels for students/teachers in remote areas, sports infrastructure, engagement of teachers/other supporting staff, e-learning setup, other arrangement of transport facilities (bus/van/cycles/rickshaws/etc) shall be taken up and further nutrition related programs shall also be undertaken.

(e) Welfare of Women and Child- Special programmes for addressing problems of maternal and child health, malnutrition, infectious diseases, etc shall be taken up.

(f) Welfare of aged and disabled persons- Special program for welfare of aged and disabled people shall be undertaken.

(g) Skill development- skill development for livelihood support, income generation and economic activities for local eligible persons shall be taken up. This will include training, development of skill development centre, self-employment schemes and support to self help groups and provision of forward and backward linkages for, such self-employment economic activities.

(h) Sanitation- Collection, Transportation and Disposal of Waste, Cleaning of public places, provision of proper drainage and sewage treatment plant, provision for disposal of fecal sludge provision of toilets and other related activities shall be undertaken.

(a) Physical infrastructure- for providing roads, bridges, railways and waterways projects.

(b) Irrigation- for developing alternate sources of irrigation, adoption of suitable and advanced irrigation techniques.

(c) Energy and Watershed Development- for development of alternate sources of energy (including micro-hydel) and rainwater harvesting system, Development of plantation, orchard, integrated farming and economic forestry and restoration of catchments.

(a) Directly affected areas are the areas where direct mining-related operations such as excavation, mining, blasting, beneficiation and waste disposal, overburdened dumps, tailing ponds, transport corridors etc., are located and shall include:

(i) Villages and gram panchayats within which the mines are situated and are operational. Such mining areas may extend to neighbouring village, block or district on even state.

(ii) An area within such radius from a mine or cluster of mines as may be specified by the State Government, irrespective of whether this falls within the district concerned or adjacent district.

(iii) Villages in which families displaced by mines have been resettled or rehabilitated by the project authorities.

(iv) Villages that significantly depend on the mining areas for meeting their economic needs and have usufruct and traditional rights over the project areas, for instance, for grazing, collection of minor forest produce etc.

(b) Indirectly affected areas are those areas where local population is adversely affected on account of economic, social and environmental consequences due to mining-related operations. The major negative impacts of mining could be by way of deterioration of water, soil and air quality, reduction in stream flows and depletion of ground water, congestion and pollution due to mining operations, transportation of minerals, increased burden on existing infrastructure and resources.

(c) The District Mineral Foundation shall prepare and maintain an updated list of such directly and indirectly affected areas by mining related operations.

(a) The following shall be considered as directly affected people:

(i) 'Affected family' as defined under Section 3 (c) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

(ii) Displaced family' as defined under Section 3 (k) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

(iii) Any other as appropriately identified by the concerned Gram Panchyat.

(b) Persons affected by mining shall include people who have legal and occupational rights over the land being mined and also those with usufruct and traditional rights

(c) Affected families shall be identified, as far as possible, in consultation with local/elected representatives of Gram Panchyat or the Urban Local Body as the case may be.

(d) The District Mineral Foundation shall prepare and maintain an updated list of such affected persons or local communities.

(e) The District Mineral Foundation shall prepare and maintain an updated list of such affected people.

(i) Details of Composition of the District Mineral Foundation

(ii) List of areas and people affected by mining.

(iii) Quarterly details of all contribution received from leases and contracts.

(iv) All meeting agenda, minutes and action taken reports (ATRs) of the District Mineral Foundation.

(v) Annual Plans and Budget

(vi) Annual Report of the District Mineral Foundation.

(vii) Status of ongoing works including description of work, details of beneficiaries, estimated cost, name of implementing agencies, expected date of commencement and completion of work and financial and physical progress up to last quarter.

(viii) List of beneficiaries made under various welfare programs taken up by the District Mineral Foundation.

(ix) Voluntary disclosures under Right to Information Act, 2005.

(a) All expenses properly incurred in the operation or execution of the trust and for the realization, preservation or benefit of the investments and assets comprising the trust fund and for the protection of the interests of the trust.

(b) All expenses (including expenses incidental to execution and/or registration of any agreement or other deeds) incurred by the trustees for obtaining the contributions and or any other resources; which may accrue.

(c) All expenses in connection with any legal proceedings by or against the trustee concerning the affairs of the trust including professional fees and costs of any legal advisor.

(d) All legal statutory expenses incurred in the operation or execution of the trust including all levies, duties and other charges paid/payable in connection with the affairs of the trust.

(e) All expenses in connection with the holding of its meetings and other proceedings as per norms of the State Government.

(f) The operation of the Fund shall be 100% cash less and in no case shall any amount above Rs.5000/- be paid except electronically through RTGS/other valid and legal mode.